Latest / Ask the Lawyer / 03/06/2025 Ask the Lawyer with Harvey Peyton

Transcript

03/06/2025 Ask the Lawyer with Harvey Peyton · Ask the Lawyer

• 0:00
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  Speaker 2: The views and opinions expressed on this program do not
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  Speaker 2: necessarily reflect the views and opinions of five eight WHS
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  Speaker 2: it's employees or WVRC Media.
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  Speaker 3: Put the power of Paype on the side. We have
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  Speaker 3: the court room experience of that you need. We never
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  Speaker 3: give up. We're prepared to fight for your rights. When
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  Speaker 3: you need action, count on us. Put the power of
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  Speaker 3: Payson on your side.
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  Speaker 4: The power of pay Oh, that's right. If you've been
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  Speaker 4: waiting to put the power of patent on your side,
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  Speaker 4: you can do that this morning. Give us a call
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  Speaker 4: this morning. Threezer of four three four two eight one
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  Speaker 4: three one threeser a four the three zer three four
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  Speaker 4: to eight one three one. Harvey Payton is in the
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  Speaker 4: studio with us this morning. You can put the power
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  Speaker 4: of Payton on your side. From micro West, Virginia, Harvey,
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  Speaker 4: good morning, how you doing this time?
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  Speaker 5: I'm doing quite well, and you won't have to You
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  Speaker 5: don't have to be waiting for the power of Peyton
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  Speaker 5: because we're here and we have been here on the
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  Speaker 5: air for more than a quarter century, and the Peyton
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  Speaker 5: Law Firm has been in in the valley here for
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  Speaker 5: almost fifty years. Between Tom and I'm my oldest boy
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  Speaker 5: who we make up the Peyton Law Firm, we have
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  Speaker 5: i think now seventy five combined years of experience. He's
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  Speaker 5: been doing it for twenty four years to my fifty one.
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  Speaker 5: So that's a long long time and a lot of experience,
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  Speaker 5: a lot of know how and you know, a lot
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  Speaker 5: of a lot of opportunity to quote help people, which
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  Speaker 5: is what lawyers are here for. That's what we should
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  Speaker 5: be here for. That's what our producery obligation to the
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  Speaker 5: public is to help you as much as we can
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  Speaker 5: within the constraints of the law and ethical behavior. And
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  Speaker 5: we take great pride at the Peyton Law Firm and
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  Speaker 5: our one on one relationship with our clients and our
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  Speaker 5: in our personal interaction with our clients. We don't do
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  Speaker 5: a lot of we don't do any television advertising, and
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  Speaker 5: our doors are open every day mostly we unfortunately folks
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  Speaker 5: get injured by the negligence or misconduct of others. They
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  Speaker 5: can suffer an injury an automobile accident, or suffer an
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  Speaker 5: injury perhaps in a fall, or because of a defective
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  Speaker 5: piece of equipment or a product that fails. Or you
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  Speaker 5: can have another injury. Instance, if someone has a life
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  Speaker 5: insurance policy and after they suffer a loss, the company
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  Speaker 5: tries to do what's called reverse underwriting and dig dig
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  Speaker 5: dig dig dig back into the background. So oh well,
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  Speaker 5: wait a minute, this question is not correct, even though
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  Speaker 5: there's their agent fill out the application because they wanted
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  Speaker 5: the money. I mean, that's something that we can help
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  Speaker 5: you with. We have a lot of cases where insurance
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  Speaker 5: carriers were just misinterpret a claim. They won't pay a
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  Speaker 5: legitimate claim. And you have to know you get a lawyer, and.
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  Speaker 4: Of course the.
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  Speaker 5: Incentive is it used to be for the insurance carriers
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  Speaker 5: to deny claims.
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  Speaker 6: All.
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  Speaker 5: You know, you better take what we're offering because by
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  Speaker 5: the time you hire a lawyer, you're going to not
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  Speaker 5: least well, that's in claims against your own insurance company.
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  Speaker 5: First party claims. It is if you are the insured
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  Speaker 5: and you have the claim for a loss or injury
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  Speaker 5: to yourself or the loss of a life of a
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  Speaker 5: loved one, and you hire a lawyer to pro prosecute
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  Speaker 5: that claim and we're successful. It is you quote, substantially prevailed.
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  Speaker 5: Then the insurance company pays the fees. That's as a
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  Speaker 5: result of a decision. It's called the hay Seeds case.
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  Speaker 5: And now that sounds strange. There was a straught in
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  Speaker 5: point Pleasant and in the least building in the restaurant
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  Speaker 5: was hay Seeds. Right, let's get out of hay state.
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  Speaker 5: But this sounds a little but this was in the eighties, right, haste,
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  Speaker 5: and this suffer fire loss. And there was an allegation
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  Speaker 5: of arson and the lawsuit was brought and uh, the
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  Speaker 5: property enter prevailed and recovered against State Farm was the
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  Speaker 5: insurance carrier. Hay Seeds was the insured. And the circuit
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  Speaker 5: judge at that time, that amazing guy. He said, well,
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  Speaker 5: you know there's an application here for attorney's fees and
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  Speaker 5: I'm going to grant it in an amount equal to
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  Speaker 5: one third of what you owed these folks. Well, that
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  Speaker 5: was appealed and the Supreme Court Justice Neely wrote the opinions, Well, yeah,
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  Speaker 5: if you're a if you go you go to insurance company,
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  Speaker 5: you buy a policy of insurance, you have a contract
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  Speaker 5: that I'll pay your loss, and I'll pay you the
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  Speaker 5: full amount of your loss. Why is it fairy just
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  Speaker 5: to say, well, I'm not going to pay you the
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  Speaker 5: full amount and you have to absorb the cost of
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  Speaker 5: getting me to do with the contract said I would do.
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  Speaker 5: That's just unfair, it's improper. And so we've had the
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  Speaker 5: Hayseeds doctrine in place here in West Virginia for gosh
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  Speaker 5: now forty years and it's clearly a benefit to the insured,
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  Speaker 5: to the consumer. It's such a benefit that the legislature
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  Speaker 5: has kept their hands off that think of that, even
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  Speaker 5: though the insurance companies don't like it, but it makes
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  Speaker 5: you know, it imposes responsibility for their conducts rarely where
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  Speaker 5: it belongs. Now, you know, the legislature, I follow, you know,
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  Speaker 5: along with the daily news, and of course I'm a
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  Speaker 5: member of the West Virginia Association for Justice, which is
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  Speaker 5: the trial Lawyers association plaintiffs and consumer attorneys employment lawyers.
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  Speaker 5: So we follow the legislature and I assume that later
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  Speaker 5: in the session maybe they'll move beyond some of these
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  Speaker 5: social issues that we're dealing with.
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  Speaker 6: It.
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  Speaker 5: Doesn't look like there's much on the horizon as far
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  Speaker 5: as consumer rights, the rights of people access to a
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  Speaker 5: jury trial. J. W. Acres is the Chairman of House Judiciary.
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  Speaker 5: Really excellent guy. I mean he's a republic and I
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  Speaker 5: don't agree with his politics necessary, but he's a good man,
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  Speaker 5: got a lot of integrity. Actually worked off with our
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  Speaker 5: office for briefly back I think in the late nineties
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  Speaker 5: when we were short staffed. So we'll see what filters
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  Speaker 5: through there. There is some talk about brim people see
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  Speaker 5: that in the headlines. I know this in your headline,
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  Speaker 5: and brim bill is up for debate. Those initials stand
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  Speaker 5: for the Board of Risk and Insurance Management, West Virginia
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  Speaker 5: in response to what was, oh gosh, almost forty years
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  Speaker 5: ago again somewhat of a crisis in the insurance industry.
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  Speaker 5: In the fact there's the stock market was way down,
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  Speaker 5: investments weren't paying. Losses continue to stack up because people
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  Speaker 5: continue to make mistakes. In order to to protect allow
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  Speaker 5: the state agencies to protect themselves and employees to protect themselves.
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  Speaker 5: We've got the Border Risk and Insurance Management. It is
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  Speaker 5: a fund created I mean the premiums charged to agencies
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  Speaker 5: are our taxpayer dollars that are put in the management
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  Speaker 5: of br I M BRIM. A contract is let for
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  Speaker 5: some insurance company or some claim service to handle claims,
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  Speaker 5: but the money they're paying out for lawyers and claims
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  Speaker 5: is taxpayer money. And uh, there is a move now,
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  Speaker 5: I guess here in the legislature to limit some liability
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  Speaker 5: for the claims paid by the Border Risk for child
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  Speaker 5: care facilities. And you know that's that's one of those
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  Speaker 5: things that you can tell a half truth about a situation.
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  Speaker 5: Look at the size of these claims. But the problem
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  Speaker 5: with this bill, as I see it, it's addressing an
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  Speaker 5: issue that BRIM brought upon itself and from which they
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  Speaker 5: can relieve themselves. And the Board of Risk was created
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  Speaker 5: to ensure agencies in the state of West Virginia. Then
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  Speaker 5: it can be expanded. You can be a county government,
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  Speaker 5: you can be a city government, you can be a nonprofit.
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  Speaker 5: There are certain rules of eligibility that you can insure
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  Speaker 5: yourself through the Board of Risk. Well, then somebody got
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  Speaker 5: the idea, well, wouldn't it be a good thing if
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  Speaker 5: we could extend BRIM coverage, which is tradition, it's always
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  Speaker 5: available and generally cheaper than commercial insurance to child care
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  Speaker 5: facilities not necessarily state owned, but who take children? Well,
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  Speaker 5: what okay, who becomes insured an outfit up in Harrison County.
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  Speaker 5: What happens, No oversight, no underwriting, just issue of policy
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  Speaker 5: and results in dozens and dozens of claims for the
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  Speaker 5: sexual and physical and psychological abuse of the children. Now,
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  Speaker 5: that's a fact for which millions upon millions upon millions
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  Speaker 5: of dollars were paid by Brim to the victims who
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  Speaker 5: were the most innocent, helpless of all folks. Children. Now,
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  Speaker 5: in response to that, that cry is, well, let's give
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  Speaker 5: these facilities immunity or reduce their potential exposure to me,
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  Speaker 5: the crash should be well, Brim, you have no business
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  Speaker 5: ensuring these people that you don't underwrite because this is
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  Speaker 5: too high risk. If they want to conduct business, let
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  Speaker 5: them go into the commercial market, and if they can
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  Speaker 5: come back to you and tell you that they have
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  Speaker 5: completely exhausted all attempts to obtain commercial insurance at an
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  Speaker 5: affordable price, and then perhaps you can work with them.
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  Speaker 5: But somebody's going to underwrite these people, and you've got
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  Speaker 5: to underwrite the risks. So you know what you're insuring
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  Speaker 5: this really this bill, it seems to me, is try
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  Speaker 5: to sort well the horses out of the bar. You know,
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  Speaker 5: the millions of dollars are gone. It's gone because of
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  Speaker 5: a blunder on the part of brim management to ensure
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  Speaker 5: these essentially unensurable entities, and it came back to bite
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  Speaker 5: them to bail that out. But to me, the other
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  Speaker 5: attack would be, well, wait a minute, or have an
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  Speaker 5: open discussion. Look, if we need childcare agencies and you
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  Speaker 5: want to come up and talk about immunity, well if
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  Speaker 5: that's what the public policy is going to be, they
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  Speaker 5: can do it. Actually, you know, the state agencies, the
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  Speaker 5: legislature could I presume said we're just going to abolish
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  Speaker 5: the border risk. West Virginia has sovereign immunity. It can't
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  Speaker 5: sue the state. You can sue the employees if they're negligent,
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  Speaker 5: but the state of West Virginia, and it's various agencies
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  Speaker 5: and subdivisions, they're immune. If you have a contract claim,
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  Speaker 5: for instance, pure contract, no element of negligence against the
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  Speaker 5: state agency, you have to file a claim. If there's
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  Speaker 5: a breach, you file a claim with the used to
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  Speaker 5: be the Court of Claims now there's a successor to that,
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  Speaker 5: and it's handled administratively, so we'll see. I mean, that's
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  Speaker 5: the one bill that I've noticed that it does affect
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  Speaker 5: the rights of folks to bring an action and if
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  Speaker 5: there's an open and honest debate about well, how did
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  Speaker 5: this happen, how do we get in this situation?
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  Speaker 4: Why do we pay this?
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  Speaker 5: The committee process in the legislature has seemed to me
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  Speaker 5: to be the appropriate place to do that.
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  Speaker 4: It seems like so many of the issues that we
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  Speaker 4: have that we need to tackle on this date is
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  Speaker 4: different facets of this childcare thing. I mean, it is
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  Speaker 4: like from every direction, well.
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  Speaker 5: It is, and it's generational, and you know, if you've
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  Speaker 5: got six thousand children, these aren't the same six thousand children.
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  Speaker 5: I mean, this is like a first in, first out.
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  Speaker 5: You know, once a child age is out eighteen or
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  Speaker 5: nineteen years old, they're not in the system anymore. So
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  Speaker 5: if there's this mill that's grinding about six thousand individuals
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  Speaker 5: at a time, that means every year there's a whatever
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  Speaker 5: the degree of turner is, I don't know if anybody
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  Speaker 5: knows that how many children are in long term foster
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  Speaker 5: care and who just age out and well, there you go.
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  Speaker 5: But without oversight and treatment and care, there are a
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  Speaker 5: lot of problems. I don't think any lawyer who deals
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  Speaker 5: with the public, who deals with real life, sea level people,
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  Speaker 5: wouldn't be able to tell.
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  Speaker 4: You that.
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  Speaker 5: Even under the best of circumstances, children who are neglected
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  Speaker 5: and abused and bounced from place to place in their
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  Speaker 5: tenderest of years never recover from that. They never recover
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  Speaker 5: completely from that. There's always something there and it may
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  Speaker 5: come out at any time. And so if you don't
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  Speaker 5: address the issue now, then you're looking at the population
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  Speaker 5: that just continues to grow. That is that people who
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  Speaker 5: have aged out of foster care without any attention, without
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  Speaker 5: any treatment, without any way to address physical or mental disability.
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  Speaker 5: Then that's just a growing population that is unemployable right
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  Speaker 5: and unhousable at times, and it gets to be a
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  Speaker 5: bigger and bigger and bigger problem.
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  Speaker 4: Substance abuse is a greater risk.
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  Speaker 5: Substance abuse, sexually acting out, acting out violently, anger management issues.
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  Speaker 5: Those are all things that come with children essentially being
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  Speaker 5: tortured by adults. I mean, my son Tom, who's truly
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  Speaker 5: got a heart of goal.
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  Speaker 4: And one child and.
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  Speaker 5: Said, you know, the problem is this child's an animal,
• 14:05
  Speaker 5: but he didn't make himself that way. Children are born innocent.
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  Speaker 5: And you know the thing that sticks Well, we've talked.
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  Speaker 5: I heard Tom last week here on the air talking
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  Speaker 5: about you know why, why isn't the solution to build
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  Speaker 5: four or five regional foster care facilities to provide housing
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  Speaker 5: short term and long term for these children? But I
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  Speaker 5: thought plus two years ago, Wait a minute, Alterson Rod
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  Speaker 5: has just closed its doors. There is a college campus,
• 14:34
  Speaker 5: a university campus sitting there in Philippy. It has a dormitories,
• 14:42
  Speaker 5: it has an auditorium, a gymnasium, athletic fields, classrooms, cafeteria.
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  Speaker 5: Why do we let that be sold to an entrepreneur
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  Speaker 5: from Harrison I think paid a couple of million dollars
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  Speaker 5: for it. Why didn't our governor who had ten million
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  Speaker 5: dollars for a baseball field at Marshall, why didn't he
• 15:01
  Speaker 5: have twenty two and a half million dollars. Okay, I'm
• 15:04
  Speaker 5: going to buy aller some broadest and here's what we're
• 15:06
  Speaker 5: going to do. We're going to make this for at
• 15:08
  Speaker 5: least for now the BOSTHT Central location we've got for
• 15:11
  Speaker 5: these children, and hire it and staff it and give
• 15:15
  Speaker 5: them an equal opportunity with other people because it's not
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  Speaker 5: their fault as well. Their parents need to take care
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  Speaker 5: of well, they won't, right, I mean, that's why they're
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  Speaker 5: in fosters.
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  Speaker 4: It's not their fault that their parents are not good people. Man,
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  Speaker 4: I mean, you got to take care of the kids.
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  Speaker 5: Well, see how that goes. Now in the legal realm,
• 15:31
  Speaker 5: folks may have seen this week where there was a
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  Speaker 5: long standing federal court lawsuit brought by a public interest
• 15:39
  Speaker 5: group on behalf of this population of abused and neglected
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  Speaker 5: children run in the district court and assigned to Judge Goodwin,
• 15:48
  Speaker 5: who's a senior status judge. Mean, Judge Goodwin's been there,
• 15:52
  Speaker 5: highly experienced, highly competent trial court level federal judge, and
• 16:01
  Speaker 5: so this week he dismissed the case. The case had
• 16:02
  Speaker 5: been penning for probably four and a half or five years,
• 16:07
  Speaker 5: a lot of discovery, a lot of work being done,
• 16:10
  Speaker 5: and finally the judge said, well, wait a minute. You know,
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  Speaker 5: I'm a federal judge. I cannot take over the federal
• 16:19
  Speaker 5: courts under the idea of separation of powers and the
• 16:22
  Speaker 5: Eleventh Amendment, which limits what federal courts can do at
• 16:26
  Speaker 5: the state level in any event, I can't deal with
• 16:30
  Speaker 5: an issue that is solely the responsibility from the federal
• 16:34
  Speaker 5: court standpoint of the governor and legislature. So there it is,
• 16:38
  Speaker 5: there's that third in your punch bowl. Legislature, you got
• 16:42
  Speaker 5: to deal with this now. I think Judge Goodwin's right.
• 16:47
  Speaker 5: Why it took four years to reach that level. There's
• 16:50
  Speaker 5: a good reason for that because COVID was involved in
• 16:52
  Speaker 5: there too. But it is a problem for the executive
• 16:57
  Speaker 5: and legislative branch. Except on the other hand, in the
• 17:01
  Speaker 5: state court, in the certain court of Kanawh County, Judge Acres,
• 17:06
  Speaker 5: Mary clarekrehs hapems to be the wife of JB. Acres,
• 17:10
  Speaker 5: who's the judicial She was an excellent prosecuting attorney. She
• 17:14
  Speaker 5: worked in the Attorney General's office. From what I've seen,
• 17:19
  Speaker 5: one of those real treasurers you get as a circuit judge.
• 17:24
  Speaker 5: But she's has the responsibility as a state court judge,
• 17:29
  Speaker 5: not like Joe Bob good went over to the federal building.
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  Speaker 5: Her responsibility is she's charged with sometimes placing these children,
• 17:38
  Speaker 5: and so she has a real judicial interest in what's
• 17:43
  Speaker 5: happening now. So she summoned along with Tom Sweeney up
• 17:47
  Speaker 5: in the northern part of the state. She summoned some
• 17:49
  Speaker 5: folks from DHH. Article is look, we need to and
• 17:52
  Speaker 5: now she is appointed and I'm not sure the person
• 17:56
  Speaker 5: is a special commissioner or an officer of the court
• 17:58
  Speaker 5: to instigate and report back to her. Apparently what happened,
• 18:02
  Speaker 5: and this is unconscionable. A child was placed. They had
• 18:05
  Speaker 5: no short term place, but they couldn't find a relative
• 18:08
  Speaker 5: to take the child. So he's put in a hotel room.
• 18:10
  Speaker 5: Whether he was there with somebody else or by himself.
• 18:13
  Speaker 5: The child attempted suicide. Now you would think that would
• 18:16
  Speaker 5: be a red flag in the report on his handling
• 18:21
  Speaker 5: that goes to the court. Well it wasn't. I apparently
• 18:25
  Speaker 5: disclosed at some later time to Judge Acres that ate
• 18:28
  Speaker 5: an attempted suicide had taken place. Now, if you want
• 18:31
  Speaker 5: to find a way to get in trouble with a judge,
• 18:34
  Speaker 5: well the first thing is lie to them, Second, tell
• 18:37
  Speaker 5: a half truth. Third, conceal a material fact this material
• 18:42
  Speaker 5: to the hand out. Beyond that, you can also get
• 18:47
  Speaker 5: up and call.
• 18:47
  Speaker 4: Him a name. But yeah, that's probably not a good idea.
• 18:50
  Speaker 5: That's none of that's a good idea, But we have
• 18:52
  Speaker 5: a call.
• 18:52
  Speaker 4: We do have a call, so when to go to
• 18:53
  Speaker 4: the phone lines. We have a caller that's called in
• 18:55
  Speaker 4: this morning with a question for Harvey Payton from the
• 18:56
  Speaker 4: Payton Law Froom in Nitro, West Virginia. Good morning. Who
• 18:59
  Speaker 4: am I talking to this morning? My name is Kim
• 19:02
  Speaker 4: Hey the Kim the morning.
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  Speaker 7: Good morning.
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  Speaker 4: What's your question for Harvey?
• 19:08
  Speaker 7: Well?
• 19:08
  Speaker 8: I was listening to Harvey and about his idea about
• 19:11
  Speaker 8: Autiston Broadest, which would be wonderful, But has he ever
• 19:16
  Speaker 8: gone to the facility and owner that is exactly like
• 19:21
  Speaker 8: that and.
• 19:22
  Speaker 7: They cannot keep staff.
• 19:25
  Speaker 8: So it is a big problem to fact these facilities,
• 19:30
  Speaker 8: even though Autist and Products is probably three times larger
• 19:33
  Speaker 8: than the facility and owner.
• 19:36
  Speaker 7: These kids come in.
• 19:37
  Speaker 8: Abused, drug addicted and they cannot keep qualify staff to
• 19:45
  Speaker 8: oversee them. What would your suggestion be, Harvey.
• 19:49
  Speaker 5: Well, I would try to find out why. I mean,
• 19:52
  Speaker 5: is it a I can tell you it is from
• 19:56
  Speaker 5: my personal experience. The problem with staffing is my daughter
• 20:01
  Speaker 5: has a master's degree in a degree from Marshall and
• 20:05
  Speaker 5: Psychology and a master's degree in counseling and guidance, and
• 20:09
  Speaker 5: she started her career in the area the meal you
• 20:16
  Speaker 5: of abuse and neglect and had to seek other employment
• 20:23
  Speaker 5: opportunities because you just can't. You can't put gas in
• 20:25
  Speaker 5: your car on the pay that was being made. So
• 20:29
  Speaker 5: I don't know whether it's a problem with training or
• 20:31
  Speaker 5: it's a problem with compensation that's available for workers, and
• 20:37
  Speaker 5: they have to be screened very very carefully, you know that.
• 20:40
  Speaker 5: I mean, you can't have anyone in there that's got
• 20:42
  Speaker 5: a blemish in their background or a suggestion of sexual
• 20:46
  Speaker 5: or physical abuse or assault, because you're working with children
• 20:50
  Speaker 5: who were helpless. But somebody needs to ask. I mean,
• 20:55
  Speaker 5: if I had the answer, I would, but.
• 20:58
  Speaker 4: I don't.
• 21:00
  Speaker 5: I'm not in a position to get the answer because yeah,
• 21:03
  Speaker 5: I've been an answer question. Yes, I've been to the facility,
• 21:05
  Speaker 5: and I think that overall, even with their staffing problems,
• 21:11
  Speaker 5: the young man that I was working with who was there,
• 21:16
  Speaker 5: and the other young man that I'm aware of who's
• 21:18
  Speaker 5: been there, did well. It was a good experience. Now
• 21:24
  Speaker 5: I qualify that good given the circumstances. So I don't know,
• 21:29
  Speaker 5: but we need to address it collectively as a state.
• 21:36
  Speaker 5: I believe now that involves government, that involves the expenditure
• 21:42
  Speaker 5: of money. It involves probably the creation of some level
• 21:46
  Speaker 5: of bureaucracy to oversee the training and program and make
• 21:50
  Speaker 5: sure the money is spent appropriately and that the results
• 21:54
  Speaker 5: we want are we're working towards obtaining them.
• 21:56
  Speaker 2: But I.
• 22:00
  Speaker 5: Mean, I don't I don't have any I guess to
• 22:02
  Speaker 5: answer to your questions. I don't have an answer. But
• 22:04
  Speaker 5: there's got to be something better than what we're doing,
• 22:08
  Speaker 5: and somebody has the responsibility to look for it. And
• 22:11
  Speaker 5: I agree with Judge Judge goodwhen it's the governor's The
• 22:14
  Speaker 5: governor sets the UH, set's the agenda, and the legislature
• 22:19
  Speaker 5: he sets policy, and the legislature carries it out there
• 22:21
  Speaker 5: in that laws that the governor did enforces or implements.
• 22:25
  Speaker 5: And that's what we should do. And I think we
• 22:28
  Speaker 5: should ask uh. You know, there's one delegate that represents
• 22:33
  Speaker 5: part of Nitro. I'm probably not on this Christmas card
• 22:36
  Speaker 5: list because every time he posts, you know, typically self
• 22:39
  Speaker 5: serving political picture of handing a check to somebody. I
• 22:43
  Speaker 5: asked a question, well, what did you do today about
• 22:46
  Speaker 5: the abuse and neglect? And there's never an answer. I
• 22:51
  Speaker 5: don't expect that there ever will be one. It's not
• 22:53
  Speaker 5: fun to talk about but I would I would urge
• 22:56
  Speaker 5: people if you talk to a senator or a delegate,
• 23:00
  Speaker 5: or if you see the governor. I mean he's more
• 23:03
  Speaker 5: way more accessible. He stays here in Charleston. Just ask
• 23:08
  Speaker 5: you know, if they realize that there's some political risk
• 23:11
  Speaker 5: in not addressing this issue, then it'll get taken care of.
• 23:14
  Speaker 5: It was just consistent.
• 23:15
  Speaker 7: I don't disagree with you, but I think it's been
• 23:19
  Speaker 7: tried to be addressed for years and it keeps getting
• 23:23
  Speaker 7: swept underneath the carpet. I mean, these kids have genuine problems.
• 23:28
  Speaker 7: And you said when they age out at eighteen or nineteen,
• 23:31
  Speaker 7: where did they go? They have no place, So where
• 23:35
  Speaker 7: do they end up street? Probably in jail jail, yes,
• 23:39
  Speaker 7: or in the streets. It's a big, big problem, right.
• 23:43
  Speaker 5: And it's the thing is, it's not just like a
• 23:45
  Speaker 5: social issue. It's like, well, it's a do gooder issue.
• 23:48
  Speaker 5: That's not. It's an economic issue. It's a development issue
• 23:51
  Speaker 5: because you cannot have a state that's going to be
• 23:54
  Speaker 5: attractive to the type of industry and growth that we
• 23:57
  Speaker 5: say we want, that has a work force participation rate
• 24:02
  Speaker 5: that's barely over fifty percent because we're sustaining we're trying
• 24:06
  Speaker 5: to sustain or deal with a significant subpopulation of the disabled,
• 24:11
  Speaker 5: or they just flat out unemployable, unemployable. I see people
• 24:16
  Speaker 5: a lot so frequently now because you know, I have
• 24:19
  Speaker 5: a different role at the law firm than I had
• 24:21
  Speaker 5: for decades who I've represented who are literally unemployable, They're unedgugable,
• 24:26
  Speaker 5: and a lot of it has to do with their
• 24:29
  Speaker 5: early childhood development period. And I mean that you're reducing
• 24:36
  Speaker 5: income taxes is not going to solve that problem. I mean,
• 24:39
  Speaker 5: I guess my bottom line is if you're going to
• 24:41
  Speaker 5: address the problem, set your priorities and see what's this
• 24:47
  Speaker 5: This is our number one priority or a number two priority.
• 24:49
  Speaker 5: What's it going to cost? Where can we get the money?
• 24:52
  Speaker 5: Is this something we want to do, But at least
• 24:54
  Speaker 5: talk about it. The idea that you can disorder is
• 24:57
  Speaker 5: going to go cut fifteen percent another workforce, that'll make
• 25:01
  Speaker 5: more money available to pay the people who are left. Well,
• 25:04
  Speaker 5: it just overworks and understaffs your agency. So yeah, we mean,
• 25:09
  Speaker 5: we can talk about this all day long. If you
• 25:11
  Speaker 5: don't have a politician here talking, maybe maybe this would
• 25:13
  Speaker 5: be a good question to call next Ire and ask
• 25:15
  Speaker 5: Dave Allen if he's got a politician on there. Uh
• 25:18
  Speaker 5: he he cycles him in and out and does a
• 25:21
  Speaker 5: pretty good job. I think of being objective when he
• 25:23
  Speaker 5: talks to these politicians. Just call and ask what did
• 25:26
  Speaker 5: you do today?
• 25:27
  Speaker 7: The idea with ont of some broaders is a wonderful idea.
• 25:31
  Speaker 7: I've been to that canvas and it is a wonderful place.
• 25:35
  Speaker 5: Hey, listen, we're gonna have to run here because we
• 25:37
  Speaker 5: get a signal. I got to take a hard break.
• 25:38
  Speaker 5: Thank you very much, Kim for giving us a call.
• 25:41
  Speaker 4: Thanks for calling, and we really appreciate that, and a
• 25:43
  Speaker 4: very insightful call. We really appreciate that. If you want
• 25:45
  Speaker 4: to talk to Harvey this morning, just like Kim Dang,
• 25:46
  Speaker 4: you give us a call. The lines open down three
• 25:47
  Speaker 4: zero four, three four two eight one three one. Threes
• 25:49
  Speaker 4: are four three or four two eight one three one.
• 25:50
  Speaker 4: If you don't have timey, you need to text it in.
• 25:52
  Speaker 4: You can do that as well. Three zero four nine
• 25:53
  Speaker 4: three five five zers you're eight three zero four nine
• 25:55
  Speaker 4: three five five zeros you were eight. Well take a
• 25:57
  Speaker 4: break to be back right after this. You're listening to
• 25:58
  Speaker 4: ask the lawyer with Harvey Payton from the Peyton Law
• 26:00
  Speaker 4: Firm in Nitro, West Virginia when fave edchs the Boys
• 26:03
  Speaker 4: of Charleston.
• 26:04
  Speaker 9: At Peyton Law Firm, we fight for every bit of
• 26:07
  Speaker 9: compensation you deserve. You need a law firm that will
• 26:11
  Speaker 9: fight for you. Tom and Harvey Peyton have more than
• 26:14
  Speaker 9: fifty years of combined experience helping West Virginians win millions
• 26:18
  Speaker 9: from greedy insurance companies. Let us spread that success to
• 26:22
  Speaker 9: you handling injury and wrongful death claims of all types.
• 26:26
  Speaker 9: If your injury is serious to you, it's serious to us.
• 26:30
  Speaker 9: Visit Peytonlawfirm dot com and let our family fight for yours.
• 26:34
  Speaker 10: It's nice to know there's still a quiet place to
• 26:37
  Speaker 10: shop for furniture. It's Dunbar Furniture, local, family owned, no
• 26:42
  Speaker 10: salesperson will hound you. Take your time and check both
• 26:45
  Speaker 10: huge floors. Dunbar Furniture is home to the largest selection
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  Speaker 10: of flex steal sofas, chairs and recliners and the lowest
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  Speaker 10: flex steel prices. Anywhere need a mattress, recliner, mirror, bedroom
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  Speaker 10: or dining room furnace. Dunbar Furniture and Flexteal, two great
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  Speaker 10: names in quality furniture, put the power of.
• 27:08
  Speaker 3: Payting on the side. We have the court room experience
• 27:13
  Speaker 3: on such a need. We never give up. We're prepared
• 27:18
  Speaker 3: to fight for your rights. When you need action, count
• 27:23
  Speaker 3: on us. Put the power of Paytron on your side,
• 27:30
  Speaker 3: the power of b.
• 27:33
  Speaker 4: You are listening to. Where you can put the power
• 27:35
  Speaker 4: of Payton on your side this morning, attlequick fade there.
• 27:37
  Speaker 4: You can put the power of payton on on your
• 27:39
  Speaker 4: side this morning. Give us a call. Three zero four,
• 27:40
  Speaker 4: three four two eight one three one three zero four,
• 27:42
  Speaker 4: three four two eight one three one. You can talk
• 27:44
  Speaker 4: to Harvey Painton this morning. You can text over questions
• 27:45
  Speaker 4: if you like. Three zero four, nine, three five, five
• 27:47
  Speaker 4: zeros or eight. We had a nice call from Kim
• 27:49
  Speaker 4: right before the break. You can get in. We have
• 27:50
  Speaker 4: ten minutes or so left in the program this morning,
• 27:52
  Speaker 4: so you can get in and talk to Harvey.
• 27:53
  Speaker 5: One of the things to look forward to, dear listeners,
• 27:56
  Speaker 5: is I understand how you can correct me if I'm wrong, Coop.
• 27:59
  Speaker 5: But there's a lot of work being done here at
• 28:02
  Speaker 5: the Western Radio Corporation at eleven eleven Virginia Street East.
• 28:06
  Speaker 5: And one of the things that we may have is video.
• 28:09
  Speaker 5: Right's right when the studio is finished. Not only will
• 28:12
  Speaker 5: you be able to listen to the dulcent tones of
• 28:15
  Speaker 5: Tom and I just spends wisdom beyond belief from this
• 28:19
  Speaker 5: small studio, but you will be able to put a
• 28:22
  Speaker 5: face with the voice.
• 28:23
  Speaker 4: We're expanding a lot of different areas and it really
• 28:25
  Speaker 4: should be very soon. Our engineering staff finally got over
• 28:29
  Speaker 4: anytime that you're doing a major, major project on an
• 28:31
  Speaker 4: old building like this is it's not necessarily the material
• 28:34
  Speaker 4: work that takes a long time. It's the stuff you
• 28:36
  Speaker 4: run into that you have to get addressed, and it
• 28:38
  Speaker 4: takes a while, you know, I mean, and it's a
• 28:40
  Speaker 4: while without any real work being done. So we've had
• 28:42
  Speaker 4: several of those situations that's come up that slowed things
• 28:45
  Speaker 4: down a little bit. But doing it by the book,
• 28:47
  Speaker 4: doing it right, and man, it is getting it's getting
• 28:49
  Speaker 4: pretty have you seen it recently?
• 28:50
  Speaker 5: You see last time? Yeah, it's quite nice. It's a
• 28:53
  Speaker 5: wonderful studio. And actually it was quite a help because
• 28:55
  Speaker 5: I you know, if I'm at my desk and I
• 28:57
  Speaker 5: want to watch, well, it was hoppy before the turnover
• 29:00
  Speaker 5: and now it's Dave and TJ. They have video feeds,
• 29:05
  Speaker 5: so you could, you know, you could to give you
• 29:06
  Speaker 5: a little more rapport if you're on a computer screen
• 29:08
  Speaker 5: and you're streaming the show, you can you see who
• 29:11
  Speaker 5: you're talking. It's not just something some folks might have
• 29:14
  Speaker 5: been surprised when he saw Hoppy because he's like this
• 29:17
  Speaker 5: larger than life figure. He's a little guy.
• 29:20
  Speaker 4: Yeah, yeah, right.
• 29:21
  Speaker 5: He's not a great, big, brawny sort of person. He's
• 29:26
  Speaker 5: blessed with a great voice. That's one thing. He's all
• 29:30
  Speaker 5: these guys take Rush Limbaugh, who I just despised, but
• 29:35
  Speaker 5: he was really talented and he had a really good voice.
• 29:37
  Speaker 5: I mean almost like a preacher. You know. He had
• 29:41
  Speaker 5: that way of just bringing people around to sort of
• 29:44
  Speaker 5: agree with him, even if they were completely opposed. That
• 29:48
  Speaker 5: was one of the things. I might have mentioned this
• 29:50
  Speaker 5: on the air that my friend Pete Brown one of
• 29:52
  Speaker 5: the great prosecutors. He would Jimmy Swaggert and Ernest Angeley
• 29:58
  Speaker 5: and Billy Graham.
• 29:58
  Speaker 4: He said, listen to.
• 29:59
  Speaker 6: This, said, oh no, I listen to him every Sunday
• 30:02
  Speaker 6: I've turned it on and sit down and disclose my
• 30:04
  Speaker 6: I said, you know, they get people that don't want
• 30:07
  Speaker 6: to walk it up, get up, walk up front, and said,
• 30:09
  Speaker 6: that's what's the business side it.
• 30:10
  Speaker 5: It's getting people to do what I want to suggest
• 30:13
  Speaker 5: they do. So it's they have a great technique. And
• 30:15
  Speaker 5: he's right about that. I mean, really talented lawyers. There's
• 30:19
  Speaker 5: a lot of talent. In addition to smarts and being
• 30:23
  Speaker 5: a good trial lawyer, you've got to have pretty good instincts.
• 30:26
  Speaker 5: You've got to really know your facts. You've got to
• 30:29
  Speaker 5: dig in and know everything you can about the case,
• 30:32
  Speaker 5: and don't leave anything unturned. Don't take any chances. If
• 30:35
  Speaker 5: you see if possible little string there, you better investigate that.
• 30:38
  Speaker 5: You may never use it. I mean I used to
• 30:40
  Speaker 5: go to trial and Tom does the same thing that
• 30:43
  Speaker 5: I did now with a huge file because I've got
• 30:47
  Speaker 5: paper on everything here. Well, and you come back and
• 30:50
  Speaker 5: you've used twenty percent of it and maybe you've won,
• 30:53
  Speaker 5: maybe you've lost. You don't win every case, but you
• 30:56
  Speaker 5: do the best. You do your very best. But preparation's
• 30:59
  Speaker 5: the key. And then you know you've got to be
• 31:01
  Speaker 5: able to relate to people, got up in front of
• 31:04
  Speaker 5: a jury, develop a rapport. Shine your shoes right, uh,
• 31:10
  Speaker 5: don't have if you can help it, catch up on
• 31:13
  Speaker 5: your shirt. That's always a no no. Or spinach in
• 31:16
  Speaker 5: your teeth and tell a story. I mean that's what's
• 31:20
  Speaker 5: all about. It was once we had a really great
• 31:22
  Speaker 5: lawyer from Louisville that to do some business up here.
• 31:25
  Speaker 5: His name was Pete Pearlman, and Pete got a lot
• 31:30
  Speaker 5: of good verdicts. He got a lot of guilty verdicts
• 31:33
  Speaker 5: and high profile criminal cases. And he said, what's the
• 31:37
  Speaker 5: key to an opening statement? He said, Well, of all
• 31:41
  Speaker 5: his years of practicing law, if he talked to a
• 31:43
  Speaker 5: jury once, he said, it happened to him two dozen
• 31:47
  Speaker 5: times after the case. So I said, I'm really not
• 31:49
  Speaker 5: sure what was that case all about? I mean, that's
• 31:51
  Speaker 5: what we were wondering. Said, So what you do is
• 31:54
  Speaker 5: go back to the days of a telegram. When you
• 31:57
  Speaker 5: write a telegram, it's not lengthy, you know, because every
• 32:02
  Speaker 5: word you pay.
• 32:03
  Speaker 4: For, Yeah, it's gonna be succinct to the point.
• 32:04
  Speaker 5: So you said, what is my case about? And you
• 32:08
  Speaker 5: write yourself a telegram and you write it again and
• 32:10
  Speaker 5: again until it's the best you can do and the
• 32:12
  Speaker 5: fewest words. And then that's the first thing you tell
• 32:16
  Speaker 5: the jury, you know, what's this case about? And boom,
• 32:19
  Speaker 5: and then go from there and build it up now
• 32:23
  Speaker 5: and we're good. I guess the point is that we're
• 32:25
  Speaker 5: really good at that, the Payton Law Firm. We've gotten
• 32:27
  Speaker 5: really really good results and trying cases to juries and
• 32:33
  Speaker 5: any number of jurisdictions all over Southern.
• 32:35
  Speaker 4: It's understanding people a little bit. I mean, you have
• 32:37
  Speaker 4: to understand like people, both your clients and the people
• 32:40
  Speaker 4: that you're negotiating with in one way or another in
• 32:42
  Speaker 4: the court room or whatever. I mean. You guys have
• 32:45
  Speaker 4: no people you know, you know, you've experienced a lot,
• 32:47
  Speaker 4: You've met a lot of different circumstances and things like that.
• 32:49
  Speaker 5: And you talk about selecting a jury. Now here's give
• 32:53
  Speaker 5: it away one of my secrets from the vast Who
• 32:58
  Speaker 5: is the absolute best jury you'r or you.
• 33:00
  Speaker 4: Could get.
• 33:02
  Speaker 5: If you're trying an injury case down in Putnam County
• 33:05
  Speaker 5: where you had a man who was injured and suffered
• 33:08
  Speaker 5: any degree of disability off work for a period of time,
• 33:14
  Speaker 5: hospitalized mat or boy, you want to find a good
• 33:21
  Speaker 5: woman that you know of lives out on the hill
• 33:25
  Speaker 5: out in the not Downte's Valley, but out on the
• 33:28
  Speaker 5: hill there in the Red House, Grand View, Sioux Lug area,
• 33:34
  Speaker 5: who maybe has worked outside the home some Maybe he's
• 33:37
  Speaker 5: a school aid, maybe he's a part time cook for
• 33:39
  Speaker 5: the Board of Education, who has a husband or and
• 33:43
  Speaker 5: or kids who follow the construction trades or have worked
• 33:48
  Speaker 5: straight shift work at one of the plants, because they
• 33:51
  Speaker 5: have seen in their life experience people suffer and get hurt.
• 33:55
  Speaker 5: Now and they understand what you're talking about, and they're
• 34:01
  Speaker 5: receptive to it because they know it's just not a
• 34:02
  Speaker 5: bunch of made up hook them from some outfit out
• 34:05
  Speaker 5: of Florida who's just trying to flim flam me into
• 34:08
  Speaker 5: giving them some money. I mean, they those are just
• 34:11
  Speaker 5: perfect Juror wars and I think, and they really work hard.
• 34:16
  Speaker 5: The other you know, stay away from engineers because they
• 34:20
  Speaker 5: tend to be too analytic and honestly, postal workers aren't
• 34:25
  Speaker 5: real popular as juror wars. And I don't know why
• 34:28
  Speaker 5: My dad worked the post office, and I would have.
• 34:30
  Speaker 5: I mean, I think he would have been a wonderful jew.
• 34:32
  Speaker 5: Orbit for some reason he said, well he's a male men.
• 34:37
  Speaker 5: Well there's I don't know. I don't just that's what's
• 34:41
  Speaker 5: one of those old saws. I don't want that guy
• 34:43
  Speaker 5: works to post.
• 34:44
  Speaker 4: Office, you know. Over this reminds me so much about
• 34:46
  Speaker 4: twenty over twenty years ago now, a company I worked
• 34:49
  Speaker 4: for a sentence to Saint Louis and we took a
• 34:51
  Speaker 4: class with the Saint Louis School of Business that had
• 34:53
  Speaker 4: to do with like corporate management, executive style management, different
• 34:56
  Speaker 4: things like that, and what the presentations that we got
• 34:59
  Speaker 4: was a guy, you miss, Rush Limball. That's what made
• 35:00
  Speaker 4: me think about He used Rush as a part of
• 35:02
  Speaker 4: what he was doing, but also it was Rush. It
• 35:04
  Speaker 4: was some mentalists, psychics and different things like that. Not
• 35:07
  Speaker 4: that he wanted you to believe in any of them, frankly,
• 35:09
  Speaker 4: but it was their style that he was interested in
• 35:12
  Speaker 4: trying to surface a little bit, and he related all
• 35:14
  Speaker 4: of them together that basically all of them, and I
• 35:16
  Speaker 4: think there was a preacher in there too, maybe one
• 35:18
  Speaker 4: of the TV preachers, I can't remember. But basically what
• 35:20
  Speaker 4: all of them did was a form of warm reading,
• 35:22
  Speaker 4: you know, like the old mentalist trick of warm reading
• 35:25
  Speaker 4: to make guesses of things. It's all a form of that,
• 35:27
  Speaker 4: in some way, shape or form of getting to understand
• 35:30
  Speaker 4: the human nature and how they might react to certain
• 35:32
  Speaker 4: questions and certain prompts and different things along those lines.
• 35:34
  Speaker 4: It was fascinating, It was really fascinating way that he
• 35:38
  Speaker 4: Rush was really fascinating is on the way that he
• 35:41
  Speaker 4: in his opinion anyway, and it was a compelling argument
• 35:44
  Speaker 4: on how Rush would couch his language in such a
• 35:46
  Speaker 4: way that he was never wrong, never wrong. He would say, well,
• 35:49
  Speaker 4: they're either going to do this or that, and then
• 35:51
  Speaker 4: the next day they did either this or that, and
• 35:53
  Speaker 4: there was only a binary choice to begin with, and
• 35:55
  Speaker 4: he would be like, I told you they would only
• 35:56
  Speaker 4: do this or that. Now let me tell you what
• 35:58
  Speaker 4: this means, because that's what they did. Rush was right, Well,
• 36:01
  Speaker 4: there's only two ways it could go right, you know,
• 36:03
  Speaker 4: and that's.
• 36:03
  Speaker 5: You know, that's a lot of the practice of law
• 36:06
  Speaker 5: from the at least from the Peyton Law firm. You know,
• 36:09
  Speaker 5: the fact that we go to court a good bit
• 36:13
  Speaker 5: and we represent people who have cases that may end
• 36:15
  Speaker 5: up being tried in front of a jury, whether civil
• 36:17
  Speaker 5: or criminal. We've fairly well refined that talent never perfect.
• 36:24
  Speaker 5: You can always learn more. But just the fact that
• 36:31
  Speaker 5: you've been a part of the community is such a
• 36:33
  Speaker 5: huge help, I think in assisting people who have suffered
• 36:37
  Speaker 5: a loss, because you know the lay of the land,
• 36:42
  Speaker 5: you know the courthouse, you're comfortable there, you know how
• 36:45
  Speaker 5: to talk to people thirty seconds oh thirty seconds Well
• 36:49
  Speaker 5: Pete Law Firm twenty eight oh one, First Avenue in Mico,
• 36:53
  Speaker 5: just across the budnom County line, about a mile off
• 36:56
  Speaker 5: the interstate, about twenty minutes from downtown Charleston, twenty minutes
• 37:00
  Speaker 5: Day's Valley ten from Saint Albans. We're there to help.
• 37:04
  Speaker 5: Stop by the office. If either Tom or I are there,
• 37:07
  Speaker 5: we'll be able to see you if you can. If not,
• 37:10
  Speaker 5: we'll make you appointment. Or you can go online the
• 37:12
  Speaker 5: Peyton Law Firm dot com and send us an email.
• 37:15
  Speaker 5: Which is a really good thing to do if you
• 37:17
  Speaker 5: have access to the internet is we can take that
• 37:20
  Speaker 5: email and read it and respond any hour of the
• 37:23
  Speaker 5: day or night. A lot of homes a sleep pattern
• 37:27
  Speaker 5: would be get up at four o'clock in the morning
• 37:28
  Speaker 5: and return calls.
• 37:31
  Speaker 4: So it's great stuff with Harvey Payton from the Payton
• 37:33
  Speaker 4: Law Firm pathon Lawfirm dot com at or West Virginia
• 37:35
  Speaker 4: see next week. Harvey, You're time one of us. Have
• 37:37
  Speaker 4: a great to everyone on five ad W c HS.
• 37:42
  Speaker 2: Five ADWHS at E six point five. That's on Charleston
• 37:46
  Speaker 2: at one O four point five Cross Lanes, L uv
• 37:48
  Speaker 2: RC Media Station. We are proud to live here too,